Patna High Court
Pradeep MukhiyaversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
The petitioner, Pradeep Mukhiya, applied for regular bail in a case registered under Sections 80, 238 and 3(5) of the BNS, alleging that he and others killed the informant's daughter over a dowry demand. The defence argued that the deceased, the petitioner's wife, was a tuberculosis patient, severely underweight, and died of natural causes, citing medical prescriptions and videographic evidence of the seizure list. The prosecution opposed bail, maintaining the seriousness of the alleged dowry‑death offence. The court examined the medical evidence, the circumstances of the death, and the petitioner's custody since February 2025. Concluding that the circumstances did not preclude bail, the court ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 80, 238 and 3(5) of the BNS in a dowry‑death case.
- Whether the medical condition of the deceased woman negates the prosecution’s case and justifies bail.
- Whether the allegations of ulterior motive in filing the case affect the bail decision.
Legislation cited
- BNS — s. 238, 3(5), 80
Subjects
- regular bail
- dowry death
- Section 80 IPC
- Section 238 IPC
- BNS
- medical evidence
- ulterior motive
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52781 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- GOPALPUR District- West Champaran
======================================================
Pradeep Mukhiya S/O Bir Bahadur Mukhiya Village- Sargatiya, Police
station- Gopalpur, District- West Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Bashishtha Narayan Mishra
Mr.Brij Kishor Mishra
Mr. Sachida Nand Rai
Mr. Avinash Raj
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 08-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections 80, 238
and 3(5) of the BNS, registered in connection with Gopalpur
P.S.Case No. 38 of 2025.
3. As per allegation, the petitioner along with
other accused persons killed the daughter of the informant for
non-fulfillment of demand of dowry.
4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.52781 of 2025(5) dt.08-01-2026
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submitted that the deceased, wife of the petitioner, was a T.B.
patient and she died due to that disease. The learned counsel
has submitted further that the videography of place of
occurrence has been done which shows from para-25 of the case
diary. From the room of the deceased, a medical prescription
and some tablets were recovered. According to medical
prescription, she was a patient and her weight was 26 kg, 27 kg
and 28 kg on different dates of medical examination. The
videography of the seizure list was prepared by the investigating
authority. The learned counsel has also submitted that the
present case has been filed with some ulterior motives. It is next
submitted that the mother of the petitioner informed about the
occurrence to native members of the deceased. The petitioner is
in custody since 13.02.2025.
5. The learned APP for the State has opposed the
prayer for bail.
6. Para-25 of the case diary shows that the deceased
was suffering from an ailment. She was underweight and her
condition was not stable. The seizure list was prepared and the
videography made thereof.
7. Considering the above facts and circumstances, let
the petitioner, above-named, be released on bail on furnishing
Patna High Court CR. MISC. No.52781 of 2025(5) dt.08-01-2026
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bail bond of Rs. 10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Bettiah, West Champaran in connection
with Gopalpur P.S.Case No. 38 of 2025, subject to the
condition that the petitioner shall cooperate in the disposal of
trial and make herself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
HR/-
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